Federal Circuit Vacates and Remands to PTAB Because of Insufficient Analysis of Obviousness in IPR, PTAB Litigation Blog

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In a unanimous opinion issued on February 14, 2017, a three-judge panel of the Federal Circuit vacated the Board’s obviousness determination in Apple’s inter partes review against PersonalWeb and remanded for further proceedings, “because the Board did not adequately support its findings that the prior art disclosed all elements of the challenged claims and that a relevant skilled artisan would have had a motivation to combine the prior-art references to produce the claimed [] inventions with a reasonable expectation of success.”  Pers. Web Techs., LLC v. Apple, Inc., No. 2016-1174, 2017 WL 587132 (Fed. Cir. Feb. 14, 2017).

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